South Africa Case Law

K.R v Sealandair Shipping and Forwarding (Pty) Ltd and Others (13107/2022P)

K.R v Sealandair Shipping and Forwarding (Pty) Ltd and Others (13107/2022P) [2024] ZAKZPHC 5 (1 February 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

13107/2022P

Judge

E Bezuidenhout

The court dismissed an application to reopen a confirmed liquidation and distribution account, finding no justus error, no prima facie basis to amend the account, and awarding punitive costs.

• Liquidation And Distribution Account
• Reopening Of Account
• Creditor Claims
• Restitutio In Integrum
• Prescription Of Claims
• Administrative Action Review

Educated Risk Investments 54 (Pty) Ltd v The Master of the High Court, Johannesburg and Others (18358/2020)

Educated Risk Investments 54 (Pty) Ltd v The Master of the High Court, Johannesburg and Others (18358/2020) [2021] ZAGPJHC 461 (27 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

18358/2020

Judge

Adams

The court held that section 408 of the Companies Act 61 of 1973 is clear: once the Master confirms the liquidation and distribution account and distribution commences, the account has the effect of a final judgment and cannot be reopened. Payments to Nedbank and Imperial had already been made, and the applicant's challenge to their shareholding was precluded by the settlement agreement made an order of court in November 2018. The applicant failed to demonstrate any substantial injustice as required by section 157 of the Insolvency Act. The application for reopening the account, as well as the…

Source excerpt

• Liquidation And Distribution Account
• Final Judgment Effect
• Reopening Of Account
• Settlement Agreement
• Punitive Costs
• Share Acquisition Regulation

Fedbond Nominees (Pty) Ltd v Wagner N.O and Others (47962/2012)

Fedbond Nominees (Pty) Ltd v Wagner N.O and Others (47962/2012) [2014] ZAGPPHC 55 (4 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

47962/2012

Judge

De Klerk

The High Court held that PAJA applied to the Master's confirmation of an account, dismissed the review for non-compliance, but allowed reopening of the liquidation account.

• Liquidation And Distribution Account
• Reopening Of Account
• Restitutio In Integrum
• Notice To Creditors
• Remuneration Of Liquidators
• Liquidation-and-distribution-account

Cronje NO and Others v Hillcrest Village (Pty) Ltd and Another (325/08)

Cronje NO and Others v Hillcrest Village (Pty) Ltd and Another (325/08) [2009] ZASCA 81; 2009 (6) SA 12 (SCA) ; [2009] 4 All SA 383 (SCA) (17 July 2009)

Court

Supreme Court of Appeal

Case number

325/08

Judges

Streicher, Lewis, Van Heerden, Griesel, Bosielo

The SCA held that, despite irregularities in WKP’s liquidation, the respondents lacked a sufficient interest and the application to void dissolution was dismissed.

• Company Dissolution
• Liquidation And Distribution Account
• Court Discretion
• Collusive Transactions
• Interest Of Members
• Reopening Of Account